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smithfamily4 · Joined: 07 Nov 2009 Posts: 5 3.30 Dollars($)

We filed Chapter 7 in July 2005. We carefully followed all of our attorney's instructions and signed every thing we were told to sign. We were discharged approx. 2 months later. In our bankruptcy we signed an statement of intent to reaffirm our mortgage. We continued making our monthly mortgage bill but did fall behind 1 month for a long period of time due to an illness. We recently brought the mortgage current and we are told that the mortgage company has no intention of taking our home as long as we continue to make our monthly mortgage. We are going to start making a small extra amount toward paying off the late fees which they tell us just get added to the end of the loan. By the way we have a 6% fixed interest rate and our house payment is well within our affordability now that the illness has been resolved.
Now we have a water damage claim and the insurance check is made payable to us and our mortgage company which is now refusing to endorse it because they say they did not get a reaffirmation agreement back in 2005. They also admitted that they failed to send the reaffirmation until 2 months after the discharge. To who they sent it I do not know because my attorney has no record of it even being sent to him or the court and I know if I had seen it I would have contacted the attorney immediately. He says the court sent out notices to all creditors in July so waiting 4 months to send it was failure on the part of the mortgage company to act in a timely manner which is required and a reaffirmation is not required as long as I am voluntarily continuing to pay the debt. He doubts if a judge would even reopen it to add the reaffirmation and if so it is going to cost us another $750 (don't have it). We intend on staying in our house for the life of the mortgage so what do we do now? The mortgage company is sending us a reaffirmation now and I have spoken with one account manager who said to just sign the reaffirmation and return it and that would be enough. But the customer service rep in the bankruptcy department says we must reopen the bankruptcy and add the reaffirmation. Do I really have to reopen the bankruptcy to get this straightened out and get my contractor paid?

raymond · Posted: Sun Nov 08, 2009 12:07 pm Post subject:

>>Do I really have to reopen the bankruptcy to get this straightened out and get my contractor paid?

You need to go back to your Bankruptcy Attorney for guidance.

adonis · Posted: Sun Nov 08, 2009 10:59 pm Post subject:

Hi smithfamily,

Your query has been replied to in the given page:
http://www.mortgagefit.com/bankruptcy/reopen-paycontractor.html

Take a look at it. I hope it'll help you.

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Reaffirmation- 4 years after discharge?